READ THE CITIZENS' VOICE

Digital Only Subscription
Read the digital e-Edition of The Citizens' Voice on your PC or mobile device, and have 24/7 access to breaking news, local sports, contests, and more at citizensvoice.com or on our mobile apps.

Digital Services
Have news alerts sent to your mobile device or email, read the e-Edition, sign up for daily newsletters, enter contests, take quizzes, download our mobile apps and see the latest e-circulars.

Contact Us
See department contacts, frequently asked questions, request customer service support, submit a photo or place an ad.

Article Tools

MARK MORAN / THE CITIZENS’ VOICE Richard Thomas Hart, a Wilkes-Barre Township volunteer firefighter and son of Fire Chief Richard Hart, agreed to the no contest plea to avoid going through another trial, his attorney said.

WILKES-BARRE — The son of the Wilkes-Barre Twp. fire chief walked into court Wednesday seeking leniency after pleading no contest to setting a fire he then helped extinguish.

But Richard Thomas Hart left the courtroom in handcuffs, fated to spend up to the next 23 months behind bars. He declined to comment as sheriff’s deputies escorted him to the Luzerne County Correctional Facility.

Hart, 19, entered his plea to a single felony count of arson last month, agreeing not to repeat the fight on charges that ended in a mistrial last year. In addition to arson, Hart had faced charges of reckless burning and burglary over the fire that broke out at a vacant home at 115 Casey Ave. in Wilkes-Barre Township early the morning of Dec. 21, 2015.

Prosecutors sought a stiff sentence for Hart, noting that although the home was vacant a neighbor, James Marcincavage, had been sleeping on a couch next door and got out after being awakened by a police officer.

“Frankly, he’s very lucky that he got out of that house,” Assistant District Attorney Thomas Hogans said after the hearing. “This could be a much worse situation than it is, and I think this sentence reflects that — how serious it was. But it also gives him a chance at moving on with his life when he gets out.”

Prosecutors alleged Hart set fire to a vacant home at 115 Casey Ave. in Wilkes-Barre Township early the morning of Dec. 21, 2015. Hart, who is the son of fire Chief Richard Hart, then responded to fight the blaze as a volunteer of the township fire company. He was identified as a suspect based on his behavior after responding to fight the fire, including a comment he made about its origin point, according to prosecutors.

Hart initially denied setting the fire, but in a subsequent interview he claimed he set it after following a cat into the vacant house, accidentally kicking over a can of gasoline and then dropping a lit cigar.

During a trial in October, Hart testified he falsely confessed because he was “scared and nervous” after repeated police interrogations. Prosecutors countered that Hart’s changing stories, which included stepping out for coffee at bedtime and a suspicious stranger lurking on the street, didn’t make any sense.
The jury deadlocked after about five hours of deliberations.

During Hart’s sentencing Wednesday, defense attorney John Pike said Hart has no criminal history and is a young man seeking to move forward with his life. He sought a reduced sentence and for Hart to be eligible for work-release so he can make restitution.

Luzerne County Judge David W. Lupas said he considered Hart’s past as well as his young age, but that he could not overlook the serious nature of the crime.

“This matter could have turned out a whole lot worse than it did,” Lupas said.

The judge sentenced Hart to serve nine to 23 months in jail followed by two years of probation. Hart got credit for one day time served.

Under terms of the plea deal, Hart will be required to pay about $12,600 in restitution and he will be prohibited from being a firefighter for the duration of his sentence.

After the hearing, Pike said Hart was disappointed with the length of the sentence but was looking forward to beginning work-release after 60 days so he can make restitution. The prohibition against being a firefighter was the toughest part of the sentence for Hart, he said.

“That in itself, from his point of view, is the worst part of the sentence because that was his life — being a fireman,” Pike said. “His dad’s the fire chief. He grew up in it.”

jhalpin@citizensvoice.com

570-821-2058, @cvjimhalpin

We welcome user discussion on our site, under the following guidelines:

To comment you must first create a profile and sign-in with a verified DISQUS account or social network ID. Sign up here.

Comments in violation of the rules will be denied, and repeat violators will be banned. Please help police the community by flagging offensive comments for our moderators to review. By posting a comment, you agree to our full terms and conditions. Click here to read terms and conditions.